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The Presiding Judge, Yola Judicial Division of the National Industrial Court, Hon. Justice James Agbadu-Fishim has ordered the Adamawa State Government and its Attorney-General to immediately pay one former Senior Special Assistant to the Governor of Adamawa State, Mr Lucas the sums of N2.5m furniture allowance, N2.7m severance gratuity, N2m as damages for suffering and anguish, and N500k as cost of action.
From facts, the claimant, Mr Lucas, had submitted that he was appointed Senior Special Assistant to the Governor of Adamawa State and served until 2011 under the terms contained in his appointment letter.
Mr. Lucas Domgelma averred that in the course of his tenure and thereafter, he was not paid his furniture allowance and leave allowance due to him under the terms of his appointment, and was also not paid his severance gratuity after the expiration of his tenure.
In defence, the defendants, the Adamawa State Government and Attorney-General of Adamawa State urged the court to dismiss the suit on the ground that Mr. Lucas did not place before the court proof of acceptance of his appointment, and was therefore not entitled to the reliefs sought.
The Adamawa State Government averred that the Revenue Mobilization and Fiscal Commission is the Commission saddled with the responsibility of determining the remuneration of Political, Public, and Judicial Office Holders, which was domesticated by some states in Nigeria, including Adamawa State. Likewise, the Adamawa State Government passed into Law the New Salary Structure for Judicial Officers, Public and Political office holders, and the Legislature Amendment Law.
The Adamawa State Government maintained that the office of Senior Special Assistant was not explicitly mentioned among offices entitled to the claimed allowances under the Adamawa State New Salary Structure Law and further argued that the eligibility for these benefits depend heavily on whether the specific Office is recognized by Law, and that the Courts have frequently ruled that Senior Special Assistant’s and Personal Assistant’s are Personal staffs or aides of the Governor rather than Public Office Holders.
In opposition, counsel to Mr Lucas urged the court to enter judgment in his favour on the basis that his claims for his unpaid Furniture, Leave Allowances and Severance Gratuity are supported by contract and statute under the Adamawa State New Salary Structure.
Delivering judgment after careful evaluation of the pleadings and evidence before the court, Hon. Justice James Agbadu-Fishim held that the evidence before the court established the employment contract between Mr Lucas Domgelma and the Adamawa State Government as Senior Special Assistant with effect from November 2008.
The Court stated that the Adamawa State Government and others did not countermand or controvert the documentary exhibits tendered by Mr. Lucas and also failed to proffer justification for the non-payment of Mr Lucas gratuity and unpaid allowances.
Justice Agbadu-Fishim held that the withholding of Mr Lucas's gratuity without any reason after the Adamawa State Government and others had enjoyed his services was unconscionable, totally unacceptable, and against best labour practice.
The Court consequently ordered the Adamawa State Government and others to pay Mr Lucas all sums awarded by the court together with 10% annual post-judgment interest from the date of judgment until full liquidation.
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